Tunex, Inc. v. Harrington (In re Tunex, Inc.)
UNPUBLISHED
Debtor filed an action against defendants, husband and wife, for damages and an injunction based on termination of a license agreement. The complaint and two summonses were sent to the parties' home, by mail, in an envelope addressed to both parties, and the return receipt was signed by wife. Defendants claimed lack of personal jurisdiction. The court held that Bankruptcy Rule 704(c) does not limit service by mail to only when authorized by state or federal law, as does Civil Procedure Rule 4. However, Rule 704(c)(1) does require service by mail to be made on "an individual," which the court ruled meant that each party must be separately served with a copy of the summons, complaint, and notice. As husband had not been separately served under the rule, the court held that it lacked in personam jurisdiction over him, whether or not he had actual notice. Service had been proper on wife, and the court held that it had both in personam and subject matter jurisdiction with respect to debtor's claims against her.